Senate Bill No. 450

(By Senators Ross and Helmick)

____________

[Introduced February 21, 1994; referred to the Committee
on Government Organization; and then to the Committee on

Finance.]

____________




A BILL to provide a stable method of financing the operation of the Upshur County public library located in Upshur county, West Virginia, as the same was organized under the provisions of article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by creating a separate library board with power to operate such public library to serve the residents of the county of Upshur; requiring levy at request of boards with an annual cap of seventy-five thousand dollars; providing workers' compensation coverage for library employees; vesting title to library property; and providing for application of future amendments to general law.

Be it enacted by the Legislature of West Virginia:
UPSHUR COUNTY PUBLIC LIBRARY.
§1. Public library board created; joint support by the county board of education and county commission of Upshur County,
West Virginia.
There is hereby created a public library board, which shall operate the Upshur County public library, which library shall be supported by the board of education of the county of Upshur and by the county commission of Upshur County, as a joint endeavor of two governing authorities in the manner hereinafter provided.
§2. Board of directors; appointment, powers and duties generally; officers, bylaws and rules.

There shall be a board of directors consisting of five directors who shall serve without compensation. Before the first day of July, one thousand nine hundred ninety-four, the board of education of the county of Upshur shall appoint two members of such board of directors, appointing one member for the term of one year and one member for the term of four years. The county commission of Upshur County shall appoint three members to the board of directors, appointing one member for the term of two years, one member for a term of three years, and one member for the term of five years. The initial terms of these appointees shall commence on the first day of July, one thousand nine hundred ninety-four. Annually thereafter, on or before the first day of July in each year beginning on the first day of July, one thousand nine hundred ninety-five, the two supporting entities shall in rotation, appoint one member of the board of directors annually, the first such appointment to be made by the board of education of Upshur County, the second such appointment to be made by the county commission of Upshur County. Each appointmentto the board of directors of said library shall be for a term of five years, except that any person appointed to fill a vacancy occurring before the expiration of that term shall serve only for the unexpired portion thereof. Any member of the board shall be eligible for reappointment and the governing authority which appointed any member to the board may remove that member for cause.
There shall be an annual meeting of the board of directors in July of each year and a monthly meeting on the day of each month which the board may designate. A special meeting may be called by the president, the secretary, or any two members of the board and such special meeting shall be held only after all of the directors are given notice thereof. At all meetings three members shall constitute a quorum and at each annual meeting of the board of directors it shall elect, from its membership, a president, a vice president, a secretary and a treasurer: Provided, That the director of the library may be elected as the secretary. The board of directors shall adopt such bylaws and rules as are necessary for its own guidance and for the administration, supervision and protection of the library and all of the property belonging thereto. The board of directors shall have all of the powers necessary, convenient and advisable for the proper operation, equipment and management of said library; and except as otherwise especially provided in this article, shall have the powers and be subject to the duties which are conferred and imposed, respectively, upon library directors bysections six through eleven, article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended, or by subsequent enactments of the Legislature of West Virginia.
§3. A body corporate.

The public library hereby created shall be a corporation. As such it may contract and be contracted with, sue and be sued, plead and be impleaded, and shall have and use a common seal.
§4. Title to property.

The title to all property, both real and personal, hereinafter devoted to public library purposes by the board of education or the county of Upshur, in connection with the operation of it by a public library in the county of Upshur, and any branches of such library, shall, on the first day of July, one thousand nine hundred ninety-four, vest in the board of directors of the Upshur County public library, hereby created.
§5. Levies for support, maintenance and operation.
In order to provide for the support, maintenance, and operations of the Upshur County public library and any branches thereof, the said supporting governing authorities shall, upon written request by the board of directors of the public library, levy annually within the respective taxing districts of the governing authorities, on each one hundred dollars of assessed valuation of the respective classes of property taxable in the area served by it according to the last assessment for state and county purposes, up to the following rates beginning with thefiscal year beginning on the first day of July, one thousand nine hundred ninety-four.
(a) The county commission of Upshur County, for the first year and annually thereafter:
Class I, six-tenths cents;
Class II, III and IV, eight-tenths cents.
(b) The board of education of the county of Upshur for the first year and annually thereafter:
Class I, nine-tenths cents;
Class II, III and IV, one and one-tenths cents.
Each year the board of directors shall request each of the two supporting authorities to levy within the rates prescribed above, at the rates specified by the board, on each one hundred dollars of assessed valuation of property of the same class; and each of the two supporting authorities shall levy at the rates requested by the aforesaid board: Provided, That the sum of such revenues or levies shall not exceed seventy-five thousand dollars in any one year. Nothing herein shall prevent any of the supporting authorities from contributing to the public library, from time to time, any other general or specific revenues or excess levies.
§6. Deposit and disbursement of funds.

All money collected or appropriated by the two governing authorities for library purposes shall be deposited on a quarterly basis directed by the board of directors of the Upshur County public library in a bank or savings account specified bythe board.
All moneys appropriated to the Upshur County public library and all income realized by the operation of the public library from any sources other than the above levies shall be used by the board of directors for the support, maintenance and operation of the said public library and its branches.
The board is hereby vested with authority to accumulate a surplus from year to year over and above the amount currently required for the proper operation, maintenance and management of the library. Such accumulated surplus may be used if and as needed for support, maintenance and operation of the library, and for capital improvements, additions or extensions to library facilities.
§7. Status of employees.

All full-time employees of the Upshur County public library shall be entitled to the benefits of the provisions of chapter twenty-three, and articles seven and ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended.
§8. Effect of future amendments of general law.

Amendments to article one, chapter ten of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and other general laws shall control this article only to the extent that they do not conflict with the special features hereof, or unless the intent to amend this article is clear and unmistakable.


NOTE: The purpose of this bill is to provide a stable method of financing the operation of the Upshur County public library by creating a separate library board to serve the county residents; by requiring a levy at the request of employees, with a cap of $75,000; by vesting title to the property; and by providing for application of future amendments to general law.